Wage Theft Happens All the Time
Whether knowingly, or completely on accident, wage theft happens by California employers quite regularly.
Just today (June 2, 2021) the California Labor Commissioner cited a retailer for nearly $1.4 Million for wage theft violations. The violations affected 107 workers! This is 107 people that are being taken advantage of… Again, whether knowingly or unknowingly, the employers have a duty to pay their employees based on the labor laws of California.
Here’s the full story from today: California Labor Commissioner Cites Inland Empire Warehouse and Retailer Nearly $1.4 Million for Wage Theft Violations
“Workers had to endure demanding working conditions without meal and rest break periods, and were required to work overtime off the clock,” said Labor Commissioner Lilia García-Brower.
If you EVER experience something like this in your workplace, please KNOW that you have rights. Reach out to the Law Offices of Devon K. Roepcke, and let’s talk.
Yet another citation for a major California company due to COVID-19 Violations. On May 24, 2021 Cal/OSHA cited Foster Farms and multiple staffing agencies for COVID-19 violations at their Livingston, CA facility.
Of course the pandemic has placed heavy burdens on businesses, but Cal/OSHA still has a duty to ensure the safety of California workers.
If you’re a business, please make sure that you know what new regulations have been made so that you’re not in violation. And, if you’re an employee, please know your right as an employee.
To read this recent citation, please see the full store: Cal/OSHA Cited Foster Farms and Staffing Agencies for COVID-19 Violations at its Livingston Facility
Give the Law Offices of Devon K. Roepcke if you want to talk about your rights.
Web-based COVID-19 Paid Sick Leave Tool
On April 26, 2021 the Department of Industrial Relations (DIR) and its California Labor Commissioner’s Office has launched a web-based tool in English and Spanish that offers key information on the new 2021 COVID-19 Supplemental Paid Sick Leave law, Senate Bill No. 95.
Within the news release, Labor Commissioner said:
“The 2021 Supplemental Paid Sick Leave law provides workers up to 80 hours of paid sick leave if they or a family member are unable to work or telework due to COVID-19, including for vaccine-related reasons. We designed this tool so workers and their employers can get information on workers’ paid sick leave options.”
The law, which went into effect on March 29 and is retroactive to January 1, 2021, requires that California workers are provided up to two weeks of supplemental paid sick leave if they are affected by COVID-19. To read the full news release, please click here.
SAN DIEGO, CA, March 22, 2021 – The Law Offices of Devon K. Roepcke, PC, an Employment law firm based in San Diego, California, is pleased to announce that Devon K. Roepcke has been selected to the 2021 California Super Lawyers Rising Stars list. This is the fourth year in a row that Mr. Roepcke has been selected to the Super Lawyers Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
“I’m excited to be one of the California attorneys recognized as a Super Lawyers Rising Star. This honor enhances my reputation as a preeminent Employment lawyer in the state.” said Devon K. Roepcke. He added, “This honor also represents my continuing commitment to investing in the services I provide to my clients. So, it’s very pleasing to be recognized.”
About Super Lawyers
Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.
The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.
About The Law Offices of Devon K. Roepcke, PC
Employment lawyer Devon K. Roepcke is the founder and principal of the Law Offices of Devon K. Roepcke, PC, in San Diego, California. He is top-rated trial attorney with more than 12 years of legal experience. Mr. Roepcke focuses his practice primarily on employment law. He provides invaluable counsel and support to clients throughout San Diego County and beyond who have legal needs involving workplace discrimination, sexual harassment, wage and hour disputes, wrongful termination, employer retaliation and other work-related grievances.
Workplace Retaliation – What is it?
Workplace retaliation occurs when an employer punishes an employee for engaging in a legal workplace activity. Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment.
Recently, the California Labor Commissioner cited a Los Angeles McDonald’s franchisee more than $125,000 for workplace retaliation. In the case, four employees were fired for legally reporting unsafe working conditions during the COVID-19 pandemic.
OUR OFFICES DID NOT WORK ON THIS CASE, but let’s make it clear, firing these four employees for merely calling out unsafe working conditions is against the law. Thus, the California Labor Commissioner cited a Los Angeles McDonald’s franchisee $125,913 for workplace retaliation and labor law violations.
“Too many workers fear retaliation if they report a problem or stand up for their rights,” said Labor Commissioner Lilia García-Brower. “California law has anti-retaliation protections in place that make it illegal for employers to punish workers for exercising their labor rights, such as reporting a workplace safety hazard. My office is committed to ensuring those laws are enforced.”
We echo this sentiment
If you have been a part of workplace retaliation by your current of past employers. Please reach out to the Law Offices of Devon K. Roepcke, PC, so we can help you recover the money that you are rightfully owed.
Nearly $2 Million in Wage Theft Violations
(THIS CASE WAS NOT HANDLED BY OUR FIRM)
On February 16th, the California Labor Commissioner’s office affirmed the citation of a Long Beach drywall contractor for nearly $2 million in wage theft violations.
According to the report
“A hearing officer has upheld the Labor Commissioner’s wage theft citations of nearly $2 million to a Southern California drywall contractor affecting 472 laborers who worked on 26 construction projects throughout Southern California…
In 2018, the Labor Commissioner’s Office cited Fullerton Pacific Interiors Inc. $1,964,679 for wage theft violations and civil penalties. The workers who did taping and drywall installation at hotel, recreation centers and casino projects in Los Angeles, Orange and San Bernardino counties from August 2014 to June 2016 were paid a daily rate that did not properly compensate them for overtime hours and rest breaks, and 28 workers were paid less than minimum wage.”
If you have been a part of wage theft violations by your current of past employers. Please reach out to the Law Offices of Devon K. Roepcke, PC, so we can help you recover the money that you are rightfully owed.
COVID-19 Violations for Employers
We all know that we’ve been going through though times during the COVID-19 pandemic. News rules and regulations are being implemented to ensure employee rights are being protected.
Recently (on Feb. 4, 2021) Cal/OSHA issued Citations to multiple employers for COVID-19 violations.
In a news release Cal/OSHA says:
Oakland—Cal/OSHA has cited multiple employers for not protecting workers from COVID-19 during inspections in various industries throughout the state. Violations were identified in industries including health care, restaurant, retail, fitness centers, correctional institutions and more. Cal/OSHA opened the inspections after learning of COVID-19 fatalities and illnesses, after receiving complaints and during targeted inspections. The full list of employers cited for COVID-19 violations is posted on Cal/OSHA’s website.
The full report can be read here: NEWS RELEASE
California Department of Industrial Relations helps employers with understanding their requirements to protect workers from COVID-19. In doing this, Cal/OSHA has created resources, which includes a written COVID-19 Prevention Program, COVID-19 information page and free webinars. If you’re an employer, please take note of the requirements to keep your employees safe.
January 1, 2021 – California Minimum Wage Increase
A reminder to all employers (and employees) in California. As of January 1, 2021, the Statewide minimum wage will increase to $13.00 for employers with twenty-five or less employees and $14.00 for employers with at least 26 employees, in addition to additional increases set by local ordinance.
Here is the full schedule for minimum wage increases:
Schedule for California Minimum Wage rate 2017-2023.
| Date | Minimum Wage for Employers with 25 Employees or Less | Minimum Wage for Employers with 26 Employees or More |
| January 1, 2017 | $10.00/hour | $10.50/hour |
| January 1, 2018 | $10.50/hour | $11.00/hour |
| January 1, 2019 | $11.00/hour | $12.00/hour |
| January 1, 2020 | $12.00/hour | $13.00/hour |
| January 1, 2021 | $13.00/hour | $14.00/hour |
| January 1, 2022 | $14.00/hour | $15.00/hour |
| January 1, 2023 | $15.00/hour |
If you have an overtime or wage dispute with your current or former employer, please contact the Law Offices of Devon K. Roepcke today.
Do I Have a Wrongful Termination Case for Racism?
Racism is a very divisive topic in our society today. Racism becomes even more problematic when a person is fired from their job based on race. Proving that you were fired based on race is a difficult thing to do in the legal system; however, employees should never feel that the law is not ready to support them. There were over 15,000 Employment based claims in 2016, many of which were based on Racism in the workplace.
In California, Employees are protected from Racial Discrimination in the workplace by multiple laws, such as California Government Code §12940. This code prohibits employers from discriminating against employees based race.
Technically, any person who believes they have been discriminated against in the workplace, and has any proof or testimony to back up that claim up, has a valid good faith claim for wrongful termination based on race. However, in order to win a case racial discrimination in the workplace in court, a person demonstrate by the majority of the evidence that they were in fact discriminated in the workplace based on race, and that racial discrimination caused harm to their careers. Discrimination based on race in the workplace is different from a Hostile Work Environment based on race, which is another legal claim.
In order to successfully prove a case of racial discrimination against an employer, the following three things must happen during the trial process:
(1) The Employee must make an initial show of proof that they were discriminated against.
This is not a difficult step to overcome, and is designed to merely filter out frivolous cases. Any evidence can be used to demonstrate that an employee has been discriminated against, including alleged statements, emails, witness statements, or employer memorandums. Once an employee has made an initial showing of proof that they were in fact discriminated, it is up to the employer to justify their actions.
(2) The employer is given the opportunity to justify the legitimate reason for their alleged discriminatory actions.
An employer must provide a legitimate reason for their alleged discriminatory actions that are not based on race. If the employer cannot provide a legitimate reason, then the employee will likely win their case. However, employers and their legal teams almost always provide some excuse for the employers potentially racist actions.
(3) The Employee must show by the majority of the evidence that the excuse their employer provided was not true.
This stage of trial is where the rubber meets the road. Here, the employee must show a jury or judge that they were in fact discriminated against. Preparing for this stage is very extensive, with legal teams on both sides spending a lot of time and resources to make their cases. Normally, an employee, through their legal team will interview on the record many of the employees that work, or worked, at the job. These interviews include regular employees and managers alike. Furthermore, unlike in a criminal trial, the people must answer the questions asked because there are no Fifth Amendment Protections in civil cases UNLESS the case could eventually lead to a criminal prosecution. The employer is also required to turn over all emails, paperwork, or memorandums that the employee’s legal team determine might be relevant to winning the employee’s case.
Settlements for Racial Discrimination in the Workplace
The trial process is time and resource consuming. Cases that go to trial are often take over one year to conclude. Most cases for racial discrimination settle before they go to trial because it saves both sides time and money. However, the amount of the settlement is based on factors such as (1) the outrageousness of the employer’s conduct, (2) the career impact that the employee suffers, (3) the amount of resources that employers can dedicate to their legal defenses, and (4) the amount of resources employers have to pay any settlement claim they offer.
Wrongful Termination Due to Race – Conclusion
California is a very employee friendly state, and there are many laws that protect employees from racial discrimination in the workplace. An employee who feels they have been wrongfully terminated due to race can and should defend their rights. If an employee can prove by the majority of the evidence in court that they were discriminated against, they will likely win their case. That is why choosing the right legal team is very important for any person wishing to bring a lawsuit in California.
(Click Here if you are in need of a lawyer to assist you in pursuing your wrongful termination case)
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